Full Text of SB0474 95th General Assembly
SB0474 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 SB0474
Introduced 2/8/2007, by Sen. James A. DeLeo SYNOPSIS AS INTRODUCED: |
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Amends the Public Utilities Act. Makes a technical change in a Section concerning the Digital Divide Elimination Infrastructure Program.
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A BILL FOR
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SB0474 |
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LRB095 08967 MJR 29158 b |
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| AN ACT concerning regulation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Public Utilities Act is amended by changing | 5 |
| Section 13-301.3 as follows:
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| (220 ILCS 5/13-301.3)
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| (Section scheduled to be repealed on July 1, 2007)
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| Sec. 13-301.3. Digital Divide Elimination Infrastructure | 9 |
| Program.
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| (a) The
The Digital Divide Elimination Infrastructure Fund | 11 |
| is created as a
special
fund in the State treasury. All moneys | 12 |
| in the Fund shall be used, subject to
appropriation, by the | 13 |
| Commission to fund (i) the construction of facilities
specified | 14 |
| in
Commission rules adopted under this Section and (ii) the | 15 |
| accessible electronic information program, as provided in | 16 |
| Section 20 of the Accessible Electronic Information Act. The | 17 |
| Commission may accept private
and
public funds, including | 18 |
| federal funds, for deposit into the Fund. Earnings
attributable | 19 |
| to
moneys in the Fund shall be deposited into the Fund.
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| (b) The Commission shall adopt rules under which it will | 21 |
| make grants out of
funds appropriated from the Digital Divide | 22 |
| Elimination Infrastructure Fund to
eligible
entities as | 23 |
| specified in the rules for the construction of high-speed data
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SB0474 |
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LRB095 08967 MJR 29158 b |
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| transmission
facilities in eligible areas
of the State. For | 2 |
| purposes of determining whether an area is an eligible
area, | 3 |
| the Commission shall consider, among other things, whether (i) | 4 |
| in such
area, advanced telecommunications services, as defined | 5 |
| in subsection (c) of
Section 13-517 of this Act, are | 6 |
| under-provided to residential or small business
end users, | 7 |
| either directly or indirectly through an Internet Service | 8 |
| Provider,
(ii) such area has a low population density, and | 9 |
| (iii) such area has not yet
developed a competitive market for | 10 |
| advanced services. In addition, if an
entity seeking a grant of | 11 |
| funds from the Digital Divide Elimination
Infrastructure Fund | 12 |
| is an incumbent local exchange carrier having the duty to
serve
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| such area, and the obligation to provide advanced services to | 14 |
| such area
pursuant to
Section 13-517 of this Act, the entity | 15 |
| shall demonstrate that it has sought
and obtained an exemption | 16 |
| from such
obligation
pursuant to subsection (b) of Section | 17 |
| 13-517. Any entity seeking a grant of
funds from the Digital | 18 |
| Divide Elimination Infrastructure Fund shall demonstrate
to | 19 |
| the Commission that the grant shall be used for the | 20 |
| construction of
high-speed data transmission facilities in an | 21 |
| eligible area and demonstrate
that it satisfies all other | 22 |
| requirements of the Commission's rules. The
Commission shall | 23 |
| determine the information that it deems necessary to award
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| grants pursuant to this Section.
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| (c) The rules of the Commission shall provide for the | 26 |
| competitive selection
of
recipients of grant funds available |
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SB0474 |
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LRB095 08967 MJR 29158 b |
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| from the Digital Divide Elimination
Infrastructure Fund
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| pursuant to the Illinois Procurement Code. Grants shall be | 3 |
| awarded to bidders
chosen
on the basis of the criteria | 4 |
| established in such rules.
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| (d) All entities awarded grant moneys under this Section | 6 |
| shall maintain all
records required by Commission rule for the | 7 |
| period of time specified in the
rules. Such
records shall be | 8 |
| subject to audit by the Commission, by any auditor appointed
by | 9 |
| the
State, or by any State officer authorized to conduct | 10 |
| audits.
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| (Source: P.A. 92-22, eff. 6-30-01; 93-306, eff. 7-23-03; | 12 |
| 93-797, eff. 7-22-04 .)
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